Court upholds arbitrator's reinstatement of employee fired for positive drug test
A federal district court in Massachusetts recently issued a decision that serves as a good reminder to employers to review their policies related to employee drug or alcohol use both on and off duty and ensure they are consistently applied. While the case involved a unionized employer, even nonunion employers should review the decision because it may help protect them from liability.
Arbitrator's award
Colonial Wholesale Beverage (a beer and wine distributor) and the union representing some of its employees were parties to a collective bargaining agreement (CBA). Under the agreement, the company needed "just cause" to terminate union members.
After Michael Jenney, a truck driver with a commercial driver's license (CDL), tested positive for cocaine during a routine drug test, Colonial terminated his employment, claiming his positive drug screen violated its drug use policy. Under the terms of the CBA, the union filed a grievance, and the case was presented to an arbitrator.
The arbitrator found there was no just cause for termination and ordered Colonial to reinstate Jenney. As permitted by law, the company turned to the court, asking it to vacate (toss out) the arbitration award.
Court's review is limited
In conducting its review of the arbitration award, the court had to accept as true the facts the arbitrator found. Notably, before his termination, Jenney had worked for Colonial for approximately 17 years and had no prior disciplinary record. The company had a policy in its employee handbook addressing drug testing, drug use, and the ramifications for testing positive.